Wednesday, June 16, 2010

'I'VE BEEN STOPPED FOR SHOPLIFTING!": STORE SECURITY AND YOUR RIGHTS

You were browsing at a department store and had just left, when suddenly store security approaches you. They ask you to come with them. What are your rights?

If a merchant believes you have been shoplifting, they may detain you if they reasonably believe that you have unpaid merchandise. The detention can be made in order to 1) request your identification, 2) verify it’s authenticity; 3) reasonably ascertain whether you have stolen merchandise in your possession, and 4) surrender you to a peace officer. If you are a minor, the store must attempt to inform your guardian and surrender a minor to either the guardian or the police. (Authority: 720 ILCS 5/16A-5.)

According to the statute, the store is presumed to have reasonable cause to detain you if you possess a theft detection shielding device or a theft detection device remover.

Any detention must be for a reasonable length of time and conducted in a reasonable manner. And the store must have reasonable cause to stop you. Of course, what is considered reasonable is a matter of opinion. You probably cannot be chained to a desk or held for hours at a time. But whether an hour is too long may be open for debate.

The store may have a right to check your receipt or look in your bag, but you may still request an attorney and you can refuse to answer questions. In Illinois, some silent videotaping of premises, such as the dressing rooms, may be permitted for the limited purpose of preventing theft. Usually, there should be warnings that the dressing rooms are monitored.

If you are detained by store security, you should refrain from making a confession. Later, you may be taken into police custody and released on bond, or alternatively, brought to court the next day so that a judge may set bond.

No matter what the case, you should not discuss this matter with the police or anyone else. You may be able to win the case at court if you do not damage your chances by trying to explain yourself to the police or by making a statement.

If you have any questions about your situation, please do not hesitate to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.